State v. Adams

1912 OK 426, 123 P. 1127, 31 Okla. 775, 1912 Okla. LEXIS 146

• Court: Supreme Court of Oklahoma
• Decided: May 14, 1912
• Docket: 3636
• Status: Published

Opinion

KANE, J.

This cause comes on to be heard upon a motion by the defendant in error to dismiss the appeal, upon the ground, among others:

“Because the record filed herein by plaintiff in error shows that judgment was rendered upon a demurrer to the evidence,, and no ■motion for a new trial is shown in said record, and there is nothing before the court for adjudication.”

The motion to dismiss must be sustained. In Stump v. Porter et al., ante, 120 Pan. 639, it was held that “the ruling on a demurrer to the evidence is a decision occurring on the trial, and in order to enable the Supreme Court to review such ruling it is necessary that a motion for a new trial be filed within the time prescribed by law.” Another recent case to the same effect is James v. Jackson et al., 30 Okla. 190, 120 Pac. 288. The appeal 'must be dismissed.

All the Justices concur.